Northern Territory Second Reading Speeches

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MISUSE OF DRUGS AMENDMENT BILL 2000

Mr Speaker, at the request of and on behalf of the Chief Minister, I move that the bill be now read a second time.

The purpose of this bill is to ensure that drug offenders are sentenced appropriately and are prevented from making spurious claims about their own ‘personal use’ habits in order to reduce sentences, and to take urgent action to have the drug 4-Hydroxybutanoic, also known as “Fantasy”, and the drug ketamine declared as dangerous drugs under the Misuse of Drugs Act to prevent these drugs becoming a significant problem in the Northern Territory.

At present, an offender convicted of drug offences before our courts frequently argues that he or she cultivated, manufactured, produced or came into possession of the drug for his or her own use, rather than to supply it to anyone else for commercial gain or otherwise. This fact is a significant mitigating factor on sentence and can reasonably be expected to substantially reduce the sentence given.

It is a well-established principle of drug sentencing that the most culpable offenders are those involved in commercial pursuits, and the least culpable are those involved to meet their own addiction. The length and seriousness of sentences given reflects this principle. It is in the interests of any person convicted of a drug offence to argue that the activity was only undertaken to feed his or her drug addiction.

Anecdotal evidence from those involved in the criminal justice system suggests that offenders commonly claim substantial drug addictions without any medical or other evidence to support the claim. These assertions are merely made by the offender’s lawyer ‘from the bar table’. The prosecution is rarely in a position to rebut such assertions as it does not have access to the necessary medical evidence. By its very nature, evidence in relation to drug addiction is usually primarily within the knowledge of the offender.

In these circumstances, it is appropriate to provide that where an offender is convicted of an offence involving a trafficable quantity of dangerous drugs, the court shall presume that the person intended to supply the drugs. ‘Supply’ is defined in the act to mean ‘give, distribute, sell, administer or transport, whether or not for a fee, reward or consideration or in expectation of a fee, reward or consideration and includes barter and exchange’. This presumption is consistent with the concept of trafficable quantity which implies that the quantity is sufficient to provide to others.

In relation to commercial quantities of dangerous drugs, it is appropriate to provide that where an offender is convicted of an offence involving such a quantity, the court shall presume that the person intended to supply the drugs for commercial gain. ‘Commercial gain’ is defined to mean the ‘supply of dangerous drugs for fee, reward or consideration or in expectation of a fee, reward or consideration’. This presumption is consistent with the concept of a commercial quantity which implies that the quantity is sufficient to conduct a business using the drugs.

The effect of an evidentiary presumption is to require the offender to prove, with credible evidence, that he or she did not intend to supply the drug or supply it for commercial gain. It is not sufficient for the offender to merely deny the claim through his or her lawyer. Offenders will have to produce evidence to rebut the presumption, for example, by leading evidence from a medical practitioner or drug rehabilitation counsellor that the offender had such a significant drug addiction, that he or she would have consumed the amount of drugs detected within a short period of time, and therefore had no surplus available for supply. This will be extremely difficult where large trafficable or commercial quantities of drugs are involved.

The proposed amendments will assist in ensuring that drug offenders are sentenced appropriately and are prevented from making spurious claims about their own drug use habits in order to reduce sentences. It is consistent with the government’s policy of seeking to ensure that sentences for serious criminal offences reflect community expectations.

Some in the criminal justice system may complain that these amendments detract from the principle that it is up to the prosecution to prove guilt, rather than the offender to prove innocence. The responsibility of the Attorney-General is to ensure that the laws of the Northern Territory are effective in protecting the rights of all Territorians, including the rights of parents to expect their children to grow up in a drug-free environment, and the rights of all people not to be exposed to evils that bedevil places such as Kings Cross.

The Chief Minister states: ‘I will do whatever is necessary to achieve this, including ensuring that Territory drug laws ensure drug offenders are sentenced appropriately. I might add that I am not alone on this issue. Most jurisdictions in Australia have some form of “reverse onus” ’provision in relation to either liability or sentence for drug offences’.

The bill also deals with the important issue of several new drugs discovered in Darwin. The Drug Enforcement Unit has recently received reports that a designer drug favoured by the dance party scene is now becoming readily available in the Darwin area. The drug 4-Hydroxybutanoic acid or Fantasy, first detected in Sydney in 1996, has depressent effects on the central nervous system. It is commonly referred to as the ‘date rape’ drug as there have been recent reports of women attending nightclubs who, after one or two drinks, cannot remember the previous evening. Because the drug causes loss of consciousness and short-term memory loss, it has the potential to cause or be involved in serious sexual assaults.

I regret to say that Fantasy is relatively easy to manufacture as all of its precursors are commercially available and can be obtained in kit form over the Internet. Fantasy is a prohibited import under the Customs Act. New South Wales, Queensland, Victoria and the Australian Capital Territory have included Fantasy in their illicit drug regimes. This ensures that there is a broad range of offences in relation to dealings in the drug with appropriate maximum penalties. It is appropriate to do the same in the Northern Territory in order to prevent the emergence of this drug as a significant problem.

The bill also proscribes a drug called Ketamine which intelligence suggests may become available in the Territory. Ketamine is taken for its hallucinogenic effects and may also cause delirium, irrational behaviour, blurred vision, nausea, vomiting, tachycardia or bradycardia, hypertension, seizures and cardiac arrhythmia. In short, it is not a drug that we want young Territorians to have access to for recreational use.

The government has moved quickly in relation to these drugs, as it will with any attempt to move into the Territory by the illicit drug trade.

I commend the bill to honourable members.

Debate adjourned.


 

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